There are a number of laws that cover the whole of Australia (these are called Commonwealth laws) that are of particular interest to people with mental health conditions in NSW:
DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Discrimination Act 1992 (Cth)
This Commonwealth Act and the Anti-Discrimination Act 1977 (NSW) prohibit very similar types of discrimination. The laws apply slightly differently and if you feel you have been discriminated against, you may wish to seek legal advice about which law applies in your situation.
Australian Human Rights Commission Act 1986 (Cth)
The Australian Human Rights Commission Act 1986 (Cth), establishes the Australian Human Rights Commission and sets out its functions and powers. These functions and powers include:
For more information about laws against discrimination because of mental illness click here .
DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Services Act 1986 (Cth)
DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Services Act 1986 (Cth):
National DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Insurance Scheme Act 2013 (Cth)
National DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Insurance Scheme Act 2013 (Cth):
For further information about the National DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Insurance Scheme, follow this link.
The Privacy Act 1988 (Cth):
Click here to read about confidentiality and privacy .
There are several standards and guidelines that cover the whole of Australia that are of particular interest to people with mental health conditions in NSW:
National Standards for Mental Health Services
The National Standards for Mental Health Services are standards that apply to all mental health services across Australia, including clinical services, in-patient units, and community mental health services provided by the public, private and non-government sectors. There are ten standards that deal with a range of issues which include rights and responsibilities, safety, consumerIn this manual, a consumer refers to a person with direct experience of a mental illness, and who has received, is receiving or is seeking mental health services from a mental health service provider. A consumer may be a patient in a mental health facility or unit and/or, is a client of a community mental health service (whether public or community managed) where they may be receiving mental health care and treatment and/or psychosocial support services. More and carer participation, diversity responsiveness, and delivery of care. The Standards include recommendations about how to put the standards into effect and monitor whether or not mental health services are meeting the standards.
You can find a copy of the Standards by following this link
National Standards for DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Services
The National Standards for DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Services are standards that disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More employment services and disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More advocacy services funded under the DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Services Act 1986 (Cth) must meet if they are to obtain Commonwealth Government funding. There are now six National Standards which address the rights of service users, their participation and inclusion in community life, individual outcomes, feedback and complaint mechanisms, service access and service management.
You can find a copy of the Standards by following this link
Mental Health: statement of rights and responsibilities
The Mental Health: statement of rights and responsibilities is a national policy document that is endorsed by all Australian Health Ministers. It articulates the rights of persons with mental health conditions and their family members and carers and the responsibilities of government and health and community services, and the community generally in realising those rights. The Statement is divided into eight parts. Parts I and II deal with the inherent dignity, equal protection, non-discrimination, and social inclusion of persons with mental health conditions. Part III deals with the promotion of mental health and the prevention of mental illnesses. Part IV deals with the rights and responsibilities of people with mental health conditions in the mental health service system. Part V deals with the rights and responsibilities of carers and support persons. Part VI deals with the rights and responsibilities of service providers. Part VII deals with the rights and responsibilities of the community generally, and Part VIII deals with the governance of the mental health system.
You can find a copy of the Standards by following this link
Australian Charter of Healthcare Rights
The Australian Charter of Healthcare Rights describes the rights of patients and other people using the Australian health system. These rights are essential to make sure that, wherever and whenever care is provided, it is of high quality and is safe.
The Charter recognises that people receiving care and people providing care all have important parts to play in achieving healthcare rights. The Charter allows patients, consumers, families, carers and services providing health care to share an understanding of the rights of people receiving health care. This helps everyone to work together towards a safe and high-quality health system. A genuine partnership between patients, consumers and providers is important so that everyone achieves the best possible outcomes.
The Charter is based on three Guiding Principles:
The Charter consists of seven basic rights:
For more about the Australian Charter of Healthcare Rights, click here. You can find a copy of these Rights by following this link.
Updated October 21, 2019